Case law

Louis Napier v. Karen J. Preslicka

314 F.3d 528 · Court of Appeals for the Eleventh Circuit · Dec 10, 2002

The court stated: The language we have quoted from the Miller decision establishes that “brought” as used in section 1997e(a)’s “No action shall be brought ...” language means filed. … under the PLRA from bring suit while thus imprisoned unless he alleged physical injury.” .I believe that if Congress had intended this one provision at Section 1997e (e) to depart from the overall scheme, it would have clearly

Miami Police Relief & Pension Fund v. Tabas (In Re Florida Fund of Coral Gables, Ltd.)

144 F. App'x 72 · Court of Appeals for the Eleventh Circuit · Aug 15, 2005

The Police Fund was established under both state law and local ordinance, and it is governed by a board of directors. … “Factual findings by the bankruptcy court are reviewed under the limited and deferential clearly erroneous standard. . . .

Gulf Life Insurance Company v. Sidney M. Folsom, Folsom Construction Company, Randall M. Folsom and Lawanda F. Rigdon

907 F.2d 1115 · Court of Appeals for the Eleventh Circuit · Aug 3, 1990

It has been clearly established under Georgia law that where overpayment is made due to the unilateral mistake of one party, that the doctrine of accord and satisfaction does not apply. … This was clearly one issue that the Supreme Court anticipated would be considered by the jury in weighing the equities. 349 S.E.2d at 372 .

Richard Jordan v. Georgia Department of Corrections

908 F.3d 1259 · Court of Appeals for the Eleventh Circuit · Nov 19, 2018

The Federal Magistrate’s Act lists several examples of motions that qualify as dispositive matters, including motions for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment … See Jones, 811 F.3d at 1292–93 (reaffirming this Court’s precedent establishing that a condemned inmate has no right to require disclosure of information protected by the Lethal Injection Secrecy Act).

United States v. Ronnie J. Greer

440 F.3d 1267 · Court of Appeals for the Eleventh Circuit · Feb 24, 2006

As the district court stated during the sentencing hearing, “if you review the indictment and the convictions, it clearly indicates that the previous acts were crimes of violence. That’s clearly indicated.” … Ct. 1254 (2005), “lends further support to the rule that the sentencing court, not a jury, must determine whether prior convictions qualify as violent felonies”).

Gibbs v. Air Canada

810 F.2d 1529 · Court of Appeals for the Eleventh Circuit · Feb 26, 1987

The indemnity provision itself clearly does not indicate such an intent. Cf. … Grammatical construction of contracts generally requires that a qualifying phrase be construed as referring to its nearest antecedent. Wright & Seaton, Inc. v. Prescott, 420 So.2d 623, 629 (Fla.App.1982).

John G. Ordway and Margaret M. Ordway v. United States

908 F.2d 890 · Court of Appeals for the Eleventh Circuit · Aug 10, 1990

The life estate terminated with Katherine Ordway’s death on June 27, 1979, and John Ordway filed his disclaimer two months later, clearly within a reasonable time as defined by Keinath . … Even read out of context, this sentence does not state clearly the proposition urged by the taxpayers.

Allen Stamps v. Gwinnett County School District

Court of Appeals for the Eleventh Circuit · Jun 4, 2012

Batlle's testimony did not establish that H.S., S.S., and J.S. had to be educated at home because they had a nonspecific immune deficiency. … Batlle testified that the children's immune deficiency did not require preventative treatment, they did not have a “bonafide primary immune deficiency,” their immune systems “[would] improve just like anybody” with age,

Johnny Paul Witt v. Louie L. Wainwright, Etc.

714 F.2d 1069 · Court of Appeals for the Eleventh Circuit · Jan 4, 1984

Since petitioner is unable to show cause to qualify for exception from the procedural default bar of Wainwright v. … juror and to attempt to “qualify” that juror during the voir dire.

Chalfonte Condominium Apartment Association, Inc. v. QBE Insurance Corporation

695 F.3d 1215 · Court of Appeals for the Eleventh Circuit · Sep 20, 2012

We noted that “[i]n general, a statute that does not purport to establish civil liability but merely makes provision to secure the safety or welfare of the public as an entity, will not be construed as establishing a civil … Without evidence of legislative intent in the “language or the legislative history” of chapter 489, we declined to recognize a private remedy against a qualifying agent. Id.

Christina Nicole Adams v. Laboratory Corporation of America

Court of Appeals for the Eleventh Circuit · Jul 29, 2014

She could hardly have been more qualified. Cf. … Clearly, the purpose of the guidelines is to raise the bar only on the plaintiffs’ side of the courtroom.

John Troy v. Secretary, Florida Department of COrrections

763 F.3d 1305 · Court of Appeals for the Eleventh Circuit · Aug 15, 2014

But AEDPA prohibits us from applying any law not clearly established in Supreme Court holdings. … Quite simply, Florida’s high court did not unreasonably apply clearly established Supreme Court law in denying Troy’s claim. 2 C.

Corey A. McDowell Bey v. Richard Vega

588 F. App'x 923 · Court of Appeals for the Eleventh Circuit · Oct 17, 2014

McDowell Bey asserted Officer Vega also was not entitled to qualified immunity, because no arguable probable cause existed, and Officer Vega could not have acted in good faith. … Because the warrants were issued on April 30, 2009, they clearly were outstanding on May 7, 2009, when McDowell Bey was arrested.

Gibson v. Zant

705 F.2d 1543 · Court of Appeals for the Eleventh Circuit · May 31, 1983

The commissioners acknowledged knowing persons not on the registered voters’ list and not on either jury list who would be good jurors, and acknowledged knowing persons on the registered voters’ list who would be qualified … The disparities stipulated to by the state in this case are clearly unconstitutional.

Mills v. Foremost Insurance

511 F.3d 1300 · Court of Appeals for the Eleventh Circuit · Jan 4, 2008

Id. at 946. 13 Millses clearly had standing to sue for damages under the Policy. See Wooden v. … In their complaint, the Millses expressly allege that they qualify as class representatives pursuant to each of the three different grounds that are authorized in Rule 23(b).

Michael W. Bass v. Board of County Commissioners

256 F.3d 1095 · Court of Appeals for the Eleventh Circuit · Jul 9, 2001

In order to establish a prima facie case of race discrimination under Title VII, the plaintiff must show that: (1) he was qualified and applied for the position; (2) he was rejected despite his qualifications; and (3) … in favor of another less qualified employee of a different race.

Michael W. Bass v. Board of County Commissioners

256 F.3d 1095 · Court of Appeals for the Eleventh Circuit · Jul 9, 2001

In order to establish a prima facie case of race discrimination under Title VII, the plaintiff must show that: (1) he was qualified and applied for the position; (2) he was rejected despite his qualifications; and (3) other … in favor of another less qualified employee of a different race.

United States v. Carl Bailey

691 F.2d 1009 · Court of Appeals for the Eleventh Circuit · Jan 10, 1983

A contrary rule would virtually immunize a defendant from prosecution for all crimes he might commit that have a sufficient causal connection to the police misconduct. … The Supreme Court has clearly directed that the attenuation analysis be informed by “considerations relating to the exclusionary rule and the constitutional principles which it is designed to protect.” United States v.

Federal Trade Commission v. Abbvie Products LLC

Court of Appeals for the Eleventh Circuit · Mar 21, 2013

The panel in Watson based its decision largely on prior precedent, which “establish[ed] the rule that, absent sham litigation or fraud in obtaining the patent, a reverse payment settlement is immune from antitrust attack … Solvay identifies several errors in the district court’s decision that, according to Solvay, each qualifies as an abuse of discretion.

Kingdom v. City of Riviera Beach

154 F. App'x 131 · Court of Appeals for the Eleventh Circuit · Oct 12, 2005

We review a district court’s order denying summary judgment based on qualified immunity de novo. Jones v. Cannon, 174 F.3d 1271, 1280 (11th Cir. 1999). … We also agree with the district court’s finding that Kingdom’s Fourth Amendment right to be free from unreasonable seizure was clearly established in May, 2002.